The Paraur Handloom Weavers Co-Operative vs The Regional Director, Recovery Officer, The Secretary to Government and District Labour Officer

Antony Dominic, J.—Ext.P1 is an application made by the Petitioner u/s 87 of the Employees State Insurance Act seeking exemption from the provisions of the Act. This application pertains to the period 1/10/05 to 31/3/2010. Despite having received the application, orders have not been passed. In the meanwhile, proceedings have been initiated by Ext.P8 for recovery of the amounts due for the aforesaid period. It is in these circumstances, the writ petition has been filed.

I heard the learned Government Pleader and also the standing counsel appearing for the ESI Corporation.

Admittedly, Ext.P1 is a statutory application, which has been received by the Government and so far orders have not been passed. Therefore, at this stage, it is premature to initiate recovery proceedings for the period covered by Ext.P1.

In that view of the mater, I dispose of this writ petition directing that the 3rd Respondent shall consider and pass orders on Ext.P1 with notice to the Petitioner and as expeditiously as possible, at any rate within 3 months of production of a copy of this judgment. It is directed that until orders are passed on Ext.P1, further proceedings pursuant to Ext.P8 will stand stayed.

Petitioner shall produce a copy of this judgment along with a copy of this writ petition before the 3rd Respondent for compliance.